Question NW3608 to the Minister of Basic Education
02 October 2015 - NW3608
Lovemore, Ms AT to ask the Minister of Basic Education
(1)With reference to her reply to question 3042 on 8 September 2015, (a) what steps still have to be taken in order to finalise the 2014 National Education Evaluation and Development Unit (NEEDU) report and (b) when does she expect to receive the specified report; (2) will she release the specified report to the public; if not, why not; if so, when does she anticipate to do so; (3) will the Regulations for the Establishment of the Office of Standards and Compliance for Basic Education be gazetted for public comment; if not, why not; if so, when; (4) (a) why and (b) on what legal basis has she approved draft regulations which do not make the publication of NEEDU or other reports presented to her mandatory?
Reply:
Question 1(a)
- In 2014, NEEDU evaluated 183 schools: 93 schools offering Grades 7-9 and 90 offering Grades 10-12, 25 districts and nine provinces. A total of 217 reports, one for every site visited, were prepared. These reports had to be collated into a national report. This entails extensive analysis of large volumes of both qualitative and quantitative data. The analysis of data took longer because, unlike in the previous evaluations, the 2014 systemic evaluations involved two phases: Senior and Further Education and Training (FET). Because NEEDU did not have the capacity to do complex statistical analysis of the quantitative data that was collected from schools, districts and provinces, a service provider was appointed to analyse data. The procurement process in appointing the service provider also added to the delays in finalising the 2014 Report. A draft report has been prepared. NEEDU is doing the final editing before it is submitted to the Department for comments.
Question 1(b)
- NEEDU will submit the draft report to the Department for comments on 30 September 2015.
Question 2
In terms of the NEEDU protocol, each site visited (including schools, districts, provinces and the national office) is given four to six weeks to comment on the NEEDU draft report before a report is finalised. This practice, which was followed before the 2012 and 2013 NEEDU Reports were finalised, will also be followed with regard to the 2015 Report. It is only after NEEDU has carefully considered all comments made by the Department that the report is finalised and submitted to the Ministry.
Upon receipt of the NEEDU Report, in line with the provision of section 7(1)(g) of the Regulations for the Establishment of the Office of Standards and Compliance for Basic Education (OSCBE), currently known as NEEDU, “the Minister may publish the report.” This provision empowers the Minister to publish NEEDU reports at her discretion.
Question 3
In 2012 the NEEDU Bill was gazetted for public comment. Comments from the public were received and changes were incorporated in the final draft. When, in 2013, the Department of Public Service and Administration advised NEEDU to abandon the Bill route in favour of establishing NEEDU as a “government component” called OSCBE, the NEEDU Bill was packaged into “Regulations for the establishment of OSCBE” without any changes. In other words, the Regulations for the establishment of OSCBE are not different from the final draft of the NEEDU Bill. In fact, the Regulations are nothing but euphemism for the already gazetted NEEDU Bill. Thus, the Regulations will not be gazetted for public comment for the second time.
Question 4
As with any legislation, the Regulations for the Establishment of OSCBE contain both peremptory and directory provisions. Giving the Minister the authority to use her discretion whether or not to make NEEDU reports public, as contemplated in Section 7(1)(g) in the Regulations for the Establishment of OSCBE, is one of the few directory provisions contained in the Regulations. Directory provisions are used in various pieces of legislation and policies and are not unique to the Regulations for the Establishment of OSCBE.